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Damages for Copyright Infringement - Tipping v Smith

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© Kameraprojekt Graz 2015 / Wikimedia Commons / CC BY-SA 4.   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Tipping v Smith [2026] EWHC 1855 (22 July 2026) In  Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another   30 Aug 2026, I explained that claimants in intellectual property cases whose rights have been infringed have "the choice of   seeking damages (compensation for the loss or damage that they sustained as a result of the infringements) to be assessed in proceedings known as 'an inquiry as to damages' or the surrender of any profits that the defendants had obtained from the infringements assessed in proceedings known as an 'account of profits.'"   Although Judge Melissa Clarke, who heard  Tipping v Smith   [2026] EWHC 1855, called the proceedings a "quantum trial" they were also an inquiry as to damages.  Cause of Action An important difference between  Fendi It...
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Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another

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Fendi Christmas Decoration in Taipe i Author : MiNe Licence: CC BY 2.0 Source : Wikimedia Commons Jane Lambert Intellectual Property Enterprise Cou rt (HH Judge Hacon) Fendi Italia SRL and others v Rolo Fashion Ltd and Another [2026] EWHC 1703 (IPEC) (9 July 2026) This was an action for trade mark infringement.  Each of the following companies owned well-known fashion brands protected by registered trade marks: Fendi Italia Srl ;  Loewe SA ; Christian Dior Couture SA  and Celine SA . Their holding company was  LVMH Moët Hennessy Louis Vuitton SE ("LVMH").   LVMH and its subsidiaries alleged that Rolo Fashion Ltd. ("Rolo")  had infringed their marks by selling what they described as "counterfeit luxury goods" bearing one or more of their marks.   The Default Judgment They obtained a freezing injunction  against Rolo without notice on 3 Sept 2024 and a default judgment against Rolo and its director, Georgia Aldridge ("Ms Aldridge") o...
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Patents - Tesla Inc v InterDigital Patent Holdings Inc

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UK Supreme Court Author:  Dietmar Rabich   Licence:  CC BY-SA 4.0   Source:  Wikimedia Commo n s Jane Lambert Supreme Court (Lord Sales (Deputy President), Lord Briggs, Lord Hamblen, Lord Burrows and Lord Kitchin)  Tesla, Inc and another v InterDigital Patent Holdings, Inc and others [2026] UKSC 27 (27 July 2026) This was an appeal against the Court of Appeal's decision in  Tesla Inc and another v IDAC Holdings Inc and Others [2025] EWCA Civ 193 (6 March 2025) to dismiss the appeal by Tesla Inc and Tesla Motors Ltd. ("Tesla") against Mr Justice Fancourt's order refusing service of process outside the jurisdiction in Tesla, Inc and Another v Idac Holdings, Inc and others [2024] EWHC 1815 (Ch) (15 July 2024).   The key issue was whether the courts of England and Wales had jurisdiction to decide a dispute concerning the terms of a licence to use a standard essential patent ("SEP") in circumstances where the claim was brought by an impl...
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Trade Marks and Passing off - easyGroup Ltd v Easyfeetstore

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) easyGroup Ltd v Easyfeetstore OU and others [2026] EWHC 767 (IPEC) (1 April 2026) His Honour Judge Hacon, who tried this claim, described it in para [1] of his judgment in  easyGroup Ltd v Easyfeetstore OU and others [2026] EWHC 767 (IPEC) (1 April 2026) as "the latest in a line of claims brought by the claimant ('easyGroup') against parties trading under a name which begins with the word 'easy'."  he added that the claim was for trade mark infringement and passing off. The Parties The claimant is the owner and licensor of all intellectual property rights relating to the various 'easy' businesses set up by Sir Stelios Haji-Ioannou, the best known of which is easyJet. The first defendant ('Easyfeetstore') is an Estonian company which sells orthopaedic and orthotic insoles and related accessories online in several territories including the United Kingdom.  The second defend...
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